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TTR IS THE BEST WAY TO GET TAX RIGHT.
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Special Projects, Audit Assistance, Tax Recovery, and more! TTR's tax
professionals are here to ensure tax gets done right.
I'm a Tax Director and I've been working in tax for over 20 years. TTR presents
tax information in an easy-to-read, plain English format. Our corporate tax
team has used other websites and using them requires us to read a lot more than
TTR - just to try and find an answer. The other companies' websites have what
they call explanations, but they are basically a copy-and-paste of the law
itself – which does not make things easier to understand, it ends up taking a
lot of time and that makes life stressful. TTR is easy to understand and this
helps remove so much stress. TTR is truly life changing!
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LATEST NEWS:
NOV 22ND, 2021
TEXAS TAXES CONTEST PRIZES AND GIVEAWAYS, BUT DOES NOT TAX DISCOUNTS
THE TEXAS COMPTROLLER RECENTLY RELEASED GUIDANCE ON THE TAXABILITY OF CONTEST
PRIZES AND GIVEAWAYS. MANY CONTESTS AND SWEEPSTAKES OFFER PRIZES FOR THE
WINNERS. THE PERSONS RUNNING THE CONTESTS OR SWEEPSTAKES MUST PURCHASE THESE
PRIZES UNLESS THEY ARE DONATED. THE PURCHASE OF TANGIBLE PERSONAL PROPERTY (TPP)
USED AS PRIZES IS TAXABLE. IF THE ITEMS ARE PURCHASED FROM AN OUT-OF-STATE
VENDOR WHO DOES NOT COLLECT TEXAS TAX, THE PURCHASER IS RESPONSIBLE FOR
REMITTING USE TAX TO THE COMPTROLLER'S OFFICE. THIS ALSO APPLIES TO ITEMS THAT
ARE GIVEN AWAY AS GIFTS OR SAMPLES. PURCHASERS OF TPP USED AS GIVEAWAYS, AS
SAMPLE PRODUCTS, OR FOR ADVERTISING PURPOSES, MUST PAY SALES OR USE TAX TO THEIR
VENDORS.
IN CONTRAST TO PRIZES AND GIVEAWAYS, DISCOUNTS ARE NOT TAXABLE. WHEN A RETAILER
PROVIDES A DISCOUNT TO A CUSTOMER, TAX IS BASED ON THE TOTAL PURCHASE PRICE. FOR
EXAMPLE, IF A RETAILER GIVES A $10 DISCOUNT ON THE PURCHASE OF A $100 ITEM, TAX
IS BASED ON THE $90 PURCHASE PRICE PAID BY THE CUSTOMER.
NOV 19TH, 2021
ARKANSAS CONSIDERS TITLE TRANSFERS WITHOUT CONSIDERATION TO BE NONTAXABLE
AN ARKANSAS DECISION RECENTLY DETERMINED THAT A TITLE TRANSFER WITHOUT
CONSIDERATION PAID WAS NOT TAXABLE. HOWEVER, THE DECISION ALSO DETERMINED THAT A
TITLE TRANSFER OF AN AIRCRAFT, FOR CONSIDERATION, FROM A TAXPAYER TO A
PREEXISTING BUSINESS IS A TAXABLE TRANSACTION. THE TAXPAYER OWNED AN AIRCRAFT.
HE TRANSFERRED THE TITLE TO THE AIRCRAFT TO A LIMITED LIABILITY COMPANY (LLC),
OF WHICH HE WAS THE SOLE OWNER. THE TAXPAYER DID NOT RECEIVE ANY CONSIDERATION
FOR THE TITLE TRANSFER.
ARKANSAS TAXES SALES OF TANGIBLE PERSONAL PROPERTY UNLESS AN EXEMPTION APPLIES.
A "SALE" INCLUDES THE TRANSFER OF TITLE TO AN AIRCRAFT BY THE SELLER TO A
DIFFERENT INDIVIDUAL OR ENTITY. ARKANSAS CONSIDERS A TRANSFER OF TITLE TO A
NEWLY FORMED PARTNERSHIP OR CORPORATION TO BE NONTAXABLE. THE ADMINISTRATIVE LAW
JUDGE ("JUDGE") FOUND THAT THE TAXPAYER'S BUSINESS WAS A PREEXISTING BUSINESS,
SO THE EXCLUSION FOR A TRANSFER TO A NEWLY FORMED PARTNERSHIP OR CORPORATION DID
NOT APPLY. HOWEVER, SALES TAX IS BASED ON THE CONSIDERATION GIVEN FOR THE
TRANSFER OF TANGIBLE PERSONAL PROPERTY. THE TAXPAYER TRANSFERRED THE TITLE OF
THE AIRCRAFT WITHOUT RECEIVING CONSIDERATION FOR THE TRANSFER. THE JUDGE
CONCLUDED THAT THE TAXPAYER WAS NOT LIABLE FOR TAX BECAUSE NO CONSIDERATION WAS
RECEIVED FOR THE TITLE TRANSFER.
NOV 17TH, 2021
MINNESOTA REMINDS TAXPAYERS OF CHARITABLE ORGANIZATION EXEMPTION QUALIFICATIONS
THE MINNESOTA DEPARTMENT OF REVENUE ("DEPARTMENT") HAS RECENTLY RELEASED
GUIDANCE CLARIFYING THE QUALIFICATION REQUIREMENTS FOR EXEMPT STATUS AS A
CHARITABLE ORGANIZATION. THE DEPARTMENT RELEASED THIS GUIDANCE DUE TO A RECENT
SUPREME COURT CASE THAT DISCUSSED TWO FACTORS OF THE EXEMPTION: (1) WHETHER
RECIPIENTS OF THE "CHARITY" ARE REQUIRED TO PAY FOR THE ASSISTANCE RECEIVED IN
WHOLE OR IN PART, AND (2) WHETHER THE CHARITABLE ORGANIZATION MAKES ITS
DIVIDENDS AND ASSETS AVAILABLE TO PRIVATE INTERESTS UPON DISSOLUTION.
THE SUPREME COURT CASE DETERMINED THAT ORGANIZATIONS MUST DO MORE THAN SERVE A
BENEVOLENT PURPOSE ON A NONPROFIT BASIS. THESE ORGANIZATIONS MUST ALSO PROVIDE A
SUBSTANTIAL PORTION OF THEIR GOODS AND SERVICES FOR FREE OR SUBSTANTIALLY
REDUCED RATES. THE CASE ALSO EXPLAINED THAT, UPON DISSOLUTION, THE ORGANIZATION
CANNOT MAKE DIVIDENDS AND ASSETS AVAILABLE TO PRIVATE INTERESTS. IN ADDITION TO
THESE TWO REQUIREMENTS, A CHARITABLE ORGANIZATION MUST ALSO (1) QUALIFY FOR
EXEMPTION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, (2) MEET THE
DEFINITION OF "CHARITABLE" AS PROVIDED IN THE MINNESOTA RULES, (3) SATISFY THE
CHARITABLE ORGANIZATION "ORGANIZATIONAL AND OPERATIONAL TESTS," AND (4) SATISFY
ONE OF FOUR OTHER FACTORS CONSIDERED TO DETERMINE ELIGIBILITY FOR THE EXEMPTION.
THE FACTORS INCLUDE WHETHER AN ORGANIZATION FUNCTIONS TO HELP OTHERS WITHOUT
IMMEDIATE EXPECTATION OF MATERIAL REWARD, RECEIVES SUPPORT BY DONATIONS AND
GIFTS IN WHOLE OR IN PART, RECEIVES INCOME FROM GIFTS AND DONATIONS THAT PRODUCE
A PROFIT, AND PROVIDES A BENEFIT TO ALL OR TO RESTRICTED CLASSES OF PERSONS.
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